Workplace Whistleblower Protection

Today I peaked in terms of lifetime personal bravery and courage. I walked into the same building and sat in the same room where I was interrogated for over six hours on May 29, 2019, an experience that traumatized me so profoundly that I got PTSD. It went a little something like this…

Thank you for the opportunity to delegate today about the development of a Whistleblower Policy.  

When I read the recent press coverage on the questions about conflict of interest and who has the final say in systemic investigations, I felt compelled to share my story since it speaks to why there needs to be autonomy in internal investigations. 

I am on a long-term disability and have been diagnosed with PTSD due to workplace transphobia and whistleblower retaliation.

I gender transitioned in 2015/2016. The transphobia was so severe at my workplace that my employer administratively moved me to another location. I willingly took on the added stress and anxiety of moving as I hoped I was working on solutions with my employer. My employer was going to train the staff at my new location in trans sensitivity, and I was going to have an administrative point person to deal with potential human rights issues competently and confidentially.  

Although I kept up my end of the bargain and moved in 2017, they failed to train the staff as promised. I suffered many transphobic microaggressions at the workplace as a result.

In my experience,  my employer has been resistant to training around trans, two-spirit and gender minorities and, to my knowledge, still does not have a working policy on Gender Identity and Expression, though they promised one in 2017. I ask the organization to consider the internal culture around training and educating employees since proper policies, like a Gender Identity and Gender Expression policy and proactive human rights training can prevent the need for whistleblowing. The workplace culture now does not set employees up for success, does not build trust with clear leadership expectations around what is safe conduct in workplaces, nor foster an active learning environment through training and professional development. These failures to teach and lead in human rights-related policy and procedures create occasions for whistleblowing. 

Speaking of occasions for whistleblowing, I’d like to describe my experience of whistleblowing and how it was handled internally.

In late April 2016, I overheard some individuals making fun of my looks and voice outside my work area. I reported this to my administrative point person, and she investigated. She later told me that they were not talking about me but about a non-employee peer who was annoying and brought it on himself. Also, they said trans people should die based on a video they had seen at the workplace… 

I was very triggered by being exposed to this vicarious transphobia and wanted a resolution as my safety was concerned. It should be noted that GLAAD reported 2016 as being the deadliest year on record for transgender people being killed, and this is real fear in the trans community.

I also wanted to know why they had been shown this video on top of the usual transphobia and issues from the staff I had been experiencing all year. Yet, after two months of anxiety, there was no clear resolution nor effort to correct the transphobia. 

In July 2018, I filed a complaint for the poor handling of this incident. For some reason, after I filed this complaint against an administrator, the complaint procedure disappeared from the employer’s website. My union told me that the procedure was no longer in place because it usually resulted in the whistleblowers being disciplined. 

In August 2018, the same administrator, who was my point person and trained in trans sensitivity, initiated an employee baby photo display for an open house for everyone to see. Anyone understanding trans culture would know this was outing and hurtful to me. I got shingles from the stress of this, as I knew it would point out my trans status. I was trying not to be outed and fit in at my workplace.

I do think this was retaliation for having complained against the employer

When I voiced concerns, the baby photo display went on and was up for three months. This kind of intentional exclusion and isolation from the group and peers was very harmful to my work environment and reminded me of being in a B-level highschool movie.  

I did not return to work in September on medical advice as my employer once again did not train employees in trans sensitivity as promised. I returned to work once they did the training on Jan 11, 2019.

The outcome of the complaint I filed was that I was exposed to transphobia, but not intentionally. I did not follow my safety plan because I had asked too many questions. I was given a communication plan from Human Resources that restricted my ability to report transphobia. 

I believe I am the only person in this workplace with a communication plan for reporting transphobia. The Employer is aware that you cannot limit human rights reporting, but they still have not removed this plan, which applies to me today.

It is a shame the employer was not able to put some effort into writing a policy on Gender Expression and Identity for the whole workforce instead of one just for me. I think this highlights the need for leadership to focus on their internal processes, as organizations clearly can write procedures and plans that contravene human rights laws and subvert policies in place, such as the disappearance of the complaints procedure. It is entirely possible that some people could subvert the new whistle-blower policy with creative procedures, like the unique one that was developed for me. 

Proper policies and procedures will improve workplace culture and prevent human rights and union litigation and other legal actions that are very costly. It would be an interesting study to inquire into how much money this employer spends on legal defence and human rights payouts due to failing to address whistleblowing adequately or retaliating against whistle-blowers. An effective whistleblower policy and procedure should ideally prevent these costly cases from draining important resources and funds better spent on education and training.

Because of the retaliatory nature of the complaints process outcome, I filed a complaint with the Human Rights Tribunal in April 2019. In response, the employer stated I was not qualified to do the job I had been doing for ten years and moved me to another position, to work with many of the individuals involved in the transgender people should die comments. I believe this concerted attempt put me in a place where I could not do my job. I came down with shingles again from the stress of this.

The employer explained their actions in an email to the union, stating on May 17, 2019, that if I was looking for other  positions like the one I had previously held, they had “concerns about such an assignment given performance and other issues which have arisen and are soon to be addressed.” Indicating that they had already decided about my performance in advance of the investigation. The future-predicting nature of this statement indicated that the employer already planned to find my performance lacking or they have impressive psychic abilities. 

In May 2019, the employer called me in for an “investigation.” I did not know the issues until less than 24 hours before the meeting and had no way of preparing myself. This is not in keeping with the employer’s procedures for investigations. There was clear intent to surprise and psychologically destabilize me by not allowing me to see the accusations.  

 The investigation lasted 6 hours with a thirty-minute break. I was asked about my medical information, my poor attendance due to minority stress, my sexuality, if I liked boys better than girls, about wearing makeup, if I stood too close to clients, if I paced aggressively if I misgendered people by using “they” and if I read only books about gender-confused children.

It seemed that 5 or 6 nameless staff members simultaneously came forward to complain about me right after my HRTO complaint and five grievances. I no longer felt safe at work because of these nameless people.

This kind of activity, gathering hidden complaints, encourages lateral violence and a feeling of paranoia in the workplace since some employees are not required to report complaints, and some are. Part of a fair whistle-blowing policy is that the person suspected of wrongdoing is notified and provided details to defend themselves.

 Ultimately, it took the employer 6 hours of interrogating and two months of deliberating to decide I should have a 3-day suspension without pay for touching an employee’s bum to balance them while standing on a chair hanging up pictures. I was asked 3 to 4 questions about this in a total of six hours. I was told the wrong date and had no recollection of working with this person, as I would not even be sharing a workplace on the date provided. This outcome is being grieved. This is a spectacular move of cisgender heterosexual norming as it assumes trans men are sexually interested in women. Some trans men like me do not date cisgender women.

After the 6-hour interrogation, I was off work and was diagnosed with PTSD due to the employer interrogating me for being a whistle blower. 

If I had access to an external process to help deal with transphobia, I believe this space would be a better and safer workplace. There would also be a clear resolution of issues to promote learning and reconciliation, not retaliation. I would be working as the award-winning employee I am and not have PTSD. Also, a considerable amount of money in investigations and legal fees could have been saved by the Employer. My workplace, in general, would be a safer place for Two Spirit and LGBTQIA people, as many of the things I advocated for were inclusionary practices good for everyone.

My desire to see my workplace be a better place is why I have not dropped this battle, despite the severe financial and mental health toll it has taken on me. I will continue blowing the whistle until there is a change. 

Thank you for your advocacy,

Sincerely,

 Key Paul Straughan

(Please note I removed the administrator’s name and some other identifying details for privacy considerations.)